G3

• Data Privacy


  • Regarded as the right to be free from unwarranted exploitation of one’s person in one’s private activities
  • Central to the protection of human dignity and forms the basis of any democratic society
  • Supports and reinforces freedom of expression, information, and association
• Philippine Constitution

  • Data Privacy Act of 2012
  • Anti-Wiretapping Law
• Data Privacy Act of 2012 further protects individuals against the unauthorized processing of personal data, which includes private communications
• Anti-Wiretapping Law prohibits the unauthorized recording of private communications
• Global Perspective

  • 50 countries with laws and policies
  • 126 countries with data protection legal frameworks
• While the US Constitution doesn't explicitly mention privacy, it's interpreted to include privacy rights by the Supreme Court
• European Union's General Data Protection Regulation (GDPR)


  • Sets out roles and responsibilities for ‘data controllers’ and ‘data processors’
  • Includes an obligation to notify authorities of personal data breaches
• Example Scenario: When buying a gun and undergoing a background check, it may seem intrusive but is for safety. Applies to online privacy concerns with data collection
• Application to Privacy Rights

  • Rational Relationship Test ensures that laws respect individual privacy while serving legitimate government interests
  • Scrutinizes state action's connection to valid governmental goals without undue infringement
• Areas of Legitimate Privacy Expectation

  • Personal Belongings
  • Hotel Rooms
  • Medical Record
  • Conversations
  • Home
  • Offices
  • Email and Text Message
  • Comfort Room
• Areas without Legitimate Privacy Expectation

  • Elevator
  • Vehicles
  • Schools
  • Workplace
  • Public places
• Areas with Legitimate Privacy

  • Personal Belongings
  • Hotel Rooms
  • Medical Record
  • Conversations
  • Home
  • Offices
  • Email and Text Message
  • Comfort Room
• Areas without Legitimate Privacy

  • Elevator
  • Vehicles
  • Schools
  • Workplace
  • Public places
• Privacy Between Spouses

  1. Striking a balance between openness and personal boundaries

  2. Finding a middle ground

  3. Sharing lives openly while respecting each other's need for personal space and boundaries
• Privacy Between Spouses Jurisdictions

  1. Voluntary Sharing: Privacy ensures that sharing within the relationship is by choice. Partners decide what they want to talk about.

  2. Legal Aspects: Marriage does not give a spouse the right to intrude on the private rights of the other. For example, accessing a spouse's password-protected computer or phone without consent could be considered an invasion of privacy.

  3. Property Relations: Property acquired during marriage generally belongs to both spouses, unless explicitly excluded
• The Zulueta Case: Spousal Privacy and Unauthorized Access
• Legal Precedents in Different Jurisdictions
• Privacy Rights of Convicted/Detained Persons


  1. Legal Framework and Constitutional Protections: Constitutionally guaranteed rights ensure fair treatment. Examples from the Philippines highlight legal safeguards for individuals under investigation or detention.

  2. Limitations in Correctional Facilities: Privacy rights may be curtailed in correctional settings to maintain security and order. Monitoring of communications and visitation may occur, albeit subject to constitutional constraints.

  3. Reasonable Restrictions: Privacy limitations must be balanced against constitutional rights. Measures taken by correctional facilities should be reasonable and proportionate.

  4. Evolving Nature of Privacy Rights: Privacy rights for convicted or detained individuals continue to evolve. Consideration of specific circumstances is crucial in determining the extent of privacy rights
• The Cadajas Case and Data Privacy
• The Data Privacy Act of 2012 safeguards privacy rights in the Philippines by regulating the collection, processing, and protection of personal data
• Protection of Personal Information


  • The Act guards against unauthorized access, collection, and use of personal information
• Global Jurisdiction


  • It extends its jurisdiction worldwide, compelling compliance from entities handling Philippine citizens' data regardless of location
• Regulation of Data Handling


  • Covering data management from collection to destruction
  • The Act ensures robust security measures are in place
• Empowering Individuals


  • Granting rights to access, correct, and erase personal data
  • It empowers individuals to control their digital identities and privacy
• Methods to Obtain Personal Information

  1. Phishing scams

  2. Skimming

  3. Dumpster diving

  4. Hacking
• Tips to Avoid Identity Theft

  1. Shredding documents

  2. Monitoring your credit report

  3. Using strong passwords

  4. Being cautious online
• The Michelle Brown Story
• Procedural Safeguards

  • Procedural Safeguards protect individuals from arbitrary or capricious actions by the government
  • These safeguards include: Notice, The opportunity to be heard, Decision by a neutral decision-maker
• Due Process's Role in Privacy Protection

  Ensures that individuals are not subject to unreasonable searches and seizures or other forms of government intrusion into their private lives
• Case Studies Summary

  • Healthcare
  • E-commerce
  • Big Data
  • Schools